The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-22
THE SUPREME COURT.
Application for Writs of
Error Made Friday
in THE ANARCHIST CASES,
By General Roger A. Pryor, Counsel
for the Condemned BOpfb-i brow
ers-Other News Notes.
The Chicago Anarchists

WASHINGTON, October 21.-At al
early hour this morning the conference
room of the Supreme court was uncom-
fortably crowded with lawyers and
newspaper men who were waiting to
hear the proceedings in the Chicago
Anarchists case. Counsel for the de
tense were in whispered consultation.
at 10.40 Justice Harlan entered, and as
soon as the room became quiet, without
waiting for any motion or application
from the prisoners counsel, began de
liVering an opinion with slow, deliberate
enunciation. After giving a brief sum-
mary of the application lac said: eff l
should allow a writ of error it is quite
certain that counsel would have to re-
peat before the court the argument
which they propose now to make before
me. On the other hand if | should re-
fuse the writ, defendants would be at
liberty to renew their application before
any other justice of the Supreme Court,
and as human life and liberty are in
volved, that justice might feel obliged,
notwithstanding the previous re-
fusal of the writ. to look into
the case and determine for him
self whether the writ of error
refused, defendants could take the
papers to some other member of the
court, and so on. until each Justice
granted the writ. In this case it is
manifest that delays might occur that
would be very embarrassing in view of
the short time intervening between this
day and the date for carrying into
effect the judgment of the State court.
AS the case is one of a very serious
character in whatever aspect it may
be regarded, I deem it proper to make
the order which l now do, that counsel
present this application in open session
to the end that early and final action
may be had upon the question whether
that court has jurisdiction to review the
judgment in this case. There is no
reason why it may not be presented to
the court at this session, to- day, coun-
sci may state that the application is
made to the court pursuant to my
direction.
The application to the United States
Supreme Court for writs of error in the
Chicago Anarchists case, was made in
open court shortly after noon to day,
by General Pryor, in behalf of the con-
u0IuDeu pTlSOutISs L lie pOluJ upon
which he relied to show that the cases
involved Federal questions which would
give this court jurisdiction, were:
First-That the statute of Illinois re-
lating TO the empanelment of juries.
makes it possible to try the prisoners
with partial and preiudiced jurors. as
was in fact done in this case. and that
such state is obnoxious to the Federal
Constitution, and,
Second-That the prisoners were com
PEELED to testify against themselves, and
that eliminating evidence against them
was obtained by the police from their
private desks, without search warrants,
in violation of the constitutional pro-
vision that man shall not be deprived
of life, etc., without due process OF law.
The court directed Pryor to- have
printed at once the parts of the record
which presented these questions, and
have printed copies ready for submits
sion to the court to-day or early to-
morrow morning. Further directions.
if necessary, would, the Chief Justice
said, be given on Monday next.